- (1.) TERSELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that initially, respondents -plaintiffs Jailla Singh and Mulla Singh sons of Bhana Singh (for brevity "the plaintiffs"), have instituted the civil suit for a decree of declaration to the effect that the alleged Will dated 10.05.1996 is illegal, null, void and is liable to be set aside, with a consequential relief of permanent injunction, restraining petitioner -defendant Jang Singh son of Bhana Singh (for short "the defendant"), from alienating the property in dispute, in any manner.
(2.) HAVING completed all the codal formalities, ultimately, the case was slated for evidence of the defendant. The trial Court closed his evidence, vide impugned order dated 23.12.2013 (Annexure P -2).
(3.) AGGRIEVED thereby, the petitioner -defendant has preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India. At the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notices to the respondents -plaintiffs, in order to save them from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the suit, particularly when they can well be compensated with adequate costs in this context. Be that as it may, however, in case, they are aggrieved by the order, in any manner, they would be at liberty to file a petition to recall this order without accepting the costs.;